Legal Question in Family Law in Florida

My ex-boyfriend took me to court upon birth of our child 22 months ago. He gained his rights and a visitation schedule in Florida For 22 months, he has been using the courts to harass me; uses visits for trying to start fights; changing the rules of visitation almost monthly; won't show for visits unless he can see me too; etc..

I have come to want a guardian ad litem. He has Aspergers and regularly makes mistakes which are dangerous or neglectful (like having her for a day and never feeding her; or letting her walk into streets alone). I have no more money for attorney's but want my child represented. On the request form, what is the best reason to give that would likely ensure having my request for guardian ad litem approved?

Also, what if he should deny the aspergers? I can't pay for testing although a court ordering those tests would be helpful.


Asked on 12/13/09, 11:22 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

First, guardians ad litem can often be as expensive as lawyers. Secondly, guardians ad litem are not substitutes for lawyers or parenting coordinators. It's doubtful that a judge would agree to a guardian ad litem in a case such as yours. Guardians ad litem act as representatives for a child. They serve in the best interest of the child. They don't recommend to parents how they should act. Moreover, your case is complex. You don't need a guardian ad litem, you need a lawyer. Just like children, lawyers are expensive. You don't want to put the future of your child in your own hands or the hands of a guardian ad litem. You need a lawyer. Beg or borrow the money and pay for a lawyer. You say you can't afford a lawyer, but the truth is you can't afford NOT to have a lawyer. As far the Aspergers is concerned, I'm not sure that how that affects his ability to care for the child, that's not my understanding of the disease, but then, I'm not a doctor. Perhaps your attorney will be able to subpoena records to prove he has Aspergers and to prove that his Aspergers affects his ability to care for the child.

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Answered on 12/22/09, 8:22 am


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